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SSA Announces Proposed Regulation to Overhaul Disability Determination Process

Friday, July 29, 2005

  • Organization: Social Security Administration
  • Source: Pennsylvania > Civil Law

On July 26, 2005, Jo Anne B. Barnhart, Commissioner of Social Security, announced publication of a notice of proposed rule making (NPRM) in the Federal Register which sets out her plan to improve the disability determination process.

According to SSA (http://www.ssa.gov/disability-new-approach/), the proposed regulations would:

  • Establish a Quick Disability Determination process through which State agencies will expedite initial determinations for claimants who are clearly disabled;
  • Create a Federal Expert Unit to augment and strengthen medical and vocational expertise for disability adjudicators at all levels of the disability determination process;
  • Eliminate the State agency reconsideration step and terminate the disability prototype that we are currently conducting in 10 States;
    Establish Federal reviewing officials to review State agency initial determinations upon the request of claimants;
  • Preserve the right of claimants to request and be provided a de novo hearing, which will be conducted by an Administrative Law Judge (ALJ);
  • Close the record after the ALJ issues a decision, but allow for the consideration of new and material evidence under certain circumstances;
  • Gradually shift certain Appeals Council functions to a newly established Decision Review Board; and,
  • Strengthen in-line and end-of-line quality review mechanisms at the State agency, reviewing official, hearing, and Decision Review Board levels of the disability determination process.

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